KWOK v REGINA (No. 2)

THE COURT : In a judgment delivered on 24 September 2007, this Court dismissed Mr Kwok’s appeal against conviction but allowed his appeal against sentence. On the first count he was sentenced to imprisonment for nine months, to be served by way of periodic detention. On the second count he was sentenced to a partly cumulative term of imprisonment for nine months, also to be served by way of periodic detention, with an order that he be released on recognizance after serving three months of that sentence. The effect of those orders was an overall period of fifteen months periodic detention, with the appellant to be released on recognizance after nine months.

It has since been brought to our attention that no commencement dates were specified for those sentences, as is required by s19(2) of the Crimes Act 1914 (C’th), and that in respect of the recognizance release order no security was imposed, as required by s20(1)(b) of the Act. Accordingly, it is appropriate that the proceedings be re-opened, pursuant to s43 of the Crimes (Sentencing Procedure) Act (NSW), so that these matters can be addressed. The appellant commenced serving periodic detention on 24 February 2007.

That being so, the appellant is re-sentenced as follows: On the first count, imprisonment for nine months, to be served by way of periodic detention, commencing on 24 February 2007; On the second count, imprisonment for nine months, also to be served by way of periodic detention, commencing on 24 August 2007. After serving three months of that sentence he is to be released on a recognizance, upon his giving security without sureties in the sum of $100, to be of good behaviour for a period of six months.